Took company to court (and won) but not received payment

[incognitoo]

I will spare you the details of the case but in a nutshell:

 

2 weeks ago I took a car dealership to small claims court and won.

 

They were ordered to pay within 14 days but have not.

They applied for permission to appeal, which was denied.

 

My question is - what do I do now?

 

They are a profitable garage, with plenty of stock.

[BazzaS]

How much was the judgement for?

Given they are a business premises with lots of stock, is the sum sufficient for a "transfer up" to the High Court, so an HCEO can attend:

a) without giving them pre-warning,

b) with the ability to gain entry even to a secured (business) building with

c) the option to seize a car / cars to either secure payment or to seize goods to auction

[incognitoo]

Was for just under £1200.

 

Is it a warrant of execution I need?

[ploddertom]

Did they try to defend the the CCJ? Were you granted Judgment by Default?

[incognitoo]

Yes they tried to defend. They attended court. It was awarded in my favour

[AndyOrch]

Send bailiffs to collect payment.... you can ask the court to use bailiffs to collect the money.

 

To do this, you can either:

 

Fill in a warrant of execution form, or use Money Claim On line

 

The bailiff will ask for payment within 7 days.

 

If the debt isn't paid, the bailiff will visit the person’s home or business, to see if anything could be sold to pay the debt.

 

Regards

 

Andy

[Ganymede]

Was for just under £1200.

 

Is it a warrant of execution I need?

 

 

Do NOT use the Court Bailiffs, they are simply terrible and make no effort to recover the money as they are on a salary.

 

As has been mention apply for a Writ of Fi Fa and get your claim transferred up to the High Court. A HCEO has more powers for a commercial business than a Bailiff as well.

 

In fact, if you instruct a High COurt Enforecement Officer (HCEO) then they will usually do the transfer for you. Be careful though as a failed Writ will still be charged at around £60.00 even if they recover nothing.

[ploddertom]

Just remember that with HCEO's biggest isn't always best.